• Home
• About Us
  • Philosophy
  • Video Library
• Attorneys
  • Barry Taracks
  • Octavio Gomez
  • Anthony Rickman
  • William “Bill” Foley
• Practice Areas
  • Criminal Law
    • DUI / DWI
    • Drug Offenses
    • Domestic Violence
    • Restraining Orders
    • Theft / Fraud
    • Violations of probation
    • Assault / Battery
    • Weapon Offenses / Guns
    • Sex Crimes
    • Bond Hearings
    • Warrants
  • Traffic/DUI
    • DUI / DWI
    • DWLSR
    • Traffic Tickets
    • Hit and run
    • BUI
  • Seal & Expungment
  • Family Law
    • Divorce
    • Custody and Visitation of Children
    • Child Support
    • Relocation
    • Alimony
    • Paternity
    • Separation Agreements
    • Pre-nuptial and post-nuptial Agreements
    • Post Judgment Actions
    • Mediation Services
    • Modification and Supplemental Petitions
    • Enforcement and Contempt Proceedings
    • Domestic Violence Injunctions
  • Personal Injury
    • Slip and Fall
    • Automobile accidents
    • Wrongful death
• News & Events
  • Legal Updates
• Resources
  • Legal Links
• Offices
  • Tampa
  • Brandon
  • Pasco
  • Pinellas
  • Polk
• Español

Driving While License Suspended or Revoked & HTO

In the State of Florida a Driver’s License is considered a privilege, not a right. As such, there are multiple ways that a person can have their driving privilege suspended, revoked, or cancelled, such as failing to comply with traffic infractions, writing worthless checks, delinquent child support, criminal traffic violations, criminal drug charges or failing to comply with insurance and registration responsibilities. 

When your Driver’s License is suspended, revoked, or cancelled for any of the above reasons, the DHSMV will send you written notification by U.S. mail to your last known address. Notice is complete upon the expiration of 20 days after deposit of the notification in the United States mail. Therefore, even if you never received the notification, you are presumed to have been notified by virtue of the mailing.

If you have been caught driving while your Drivers License has been suspended or revoked, you can be arrested for either DWLSR with knowledge or receive a ticket for DWLSR without knowledge. If you received a ticket for DWLRS without knowledge you have been charged with a moving violation. This means that if found guilty, you will have 3 points added to your driving record and will be assessed fines and court costs.

 If you are arrested for DWLSR with knowledge your charge can range anywhere from a misdemeanor to a felony, where penalties can include jail time, prison time, court costs, and fines.

If you receive 3 or more convictions of DWLSR or DUI in a five year period, you will be automatically categorized as a “Habitual Traffic Offender”, and lose your Drivers License for 5 years. If you are already labeled as a Habitual Traffic Offender, we may be able to vacate one of your prior conviction and remove the “HTO” status from your license. Contact us today so that we can review your driving record for free to determine whether or not we can get your drivers license back!

Driving While License Suspended Habitual (HTO)

If you have received 3 or more DUIs or driving while license suspended within a 5 year period, you will be deemed a Habitual Traffic Offender (HTO) and you will lose your license for a period of 5 years.   Our law firm can go to court and vacate one of your previous convictions in order to take away the HTO designation.  It is imperative that you contact us as soon as possible to help you get your license back.  If you are caught driving after being characterized as a HTO, you will be charged with a FELONY and could receive up to 5 years in Prison. 

Frequently Asked Questions

Q: My license is suspended for too many points.  Can I do anything to remove the points?

A: Often times, upon receiving citations for traffic infractions, an individual may elect to pay the citation without hiring a lawyer and without attending a driving school.  Doing so can cause points to be assessed on your driving record.  An accumulation of points can cause a suspension of your driving privilege preventing you from being able to drive for a period of time.  Let us review your driving history to advise if we may be able to help you in removing some of the points previously assessed on your license.  We may be able to file a motion before the appropriate court and request a withdrawal of your plea if you were uncounseled and did not know the ramifications of your actions.

Q: I was given a ticket for Driving with a Suspended License Without Knowledge.  This is just a ticket and no big deal, right?

A: No. A citation for Driving with a Suspended License Without Knowledge is an infraction and not a crime.  However, subsequent offense can lead to a revocation as a Habitual Traffic Offender.  Three counts of DWLS and/or DUI within a 5 year period with accompanying adjudications as designated by the statute will trigger DHSMV to administratively designate you a Habitual Traffic Offender and suspend your driving privilege for 5 years.  It is important to seek counsel whenever charged with Driving with a Suspended License whether With or Without knowledge.  Receiving a withhold of adjudication on a citation for Driving with a Suspended License Without Knowledge can help avoid future problems.  We can help you with a current or past citation.  The sooner you address the matter, the better.

Q: I was given a ticket for Driving with a Suspended License With Knowledge.  Is this a crime or an infraction?

A: This is a crime.  Although not physically arrested, the citation requires a mandatory court appearance and technically constitutes an arrest.  The experienced lawyers at Taracks Gomez & Associates can help you address this matter.  We will attend court on your behalf and help achieve the best possible resolution on the case.  We will also review your driving history and advise you on the best way to get your license back to a valid status and avoid future problems.  Multiple charges and convictions for Driving with a Suspended License can lead to a Habitual Traffic Offender designation and a 5 year license revocation. 

Q: I was given a ticket but I wasn’t arrested, does that mean it’s not a crime?

A: In addition to Driving with a Suspended License With Knowledge, many other traffic citations are issued for criminal matters even though the officer may not conduct a physical arrest (i.e., attaching tag not assigned, reckless driving, expired tag over 4 months, and several others). Having legal representation is extremely important to make sure your rights are protected and you receive the fairest possible treatment on these matters. 

Q: I paid tickets at the clerk’s office for Driving with a Suspended License.  Will I have any further problems?

A: Possibly.  By paying the citation at the clerk’s office, the resolution of the citation can result in a conviction which may cause problems in the future if you are cited or arrested for subsequently Driving with a Suspended License.  Even if you reinstate your license now, a future suspension and future charge could trigger a Habitual Traffic Offender revocation and consequently a 5 year license revocation.  Any suspended license charge in the next 5 years could lead to further problems.  It is important to seek the advice of counsel on the first instance of Driving with a Suspended License to get your license back in order and avoid future problems.  We will review your driving history to assist you in reinstating your license.

Q: I already went to court and entered a plea on my Driving with Suspended License charge, can I do anything to change that?

A: Possibly.  The experienced lawyers at Taracks Gomez & Associates will take the time to review your case and driving history to determine if we may be able to help you even after you have been to court and entered a plea.  If your rights were affected or you were not represented by an attorney, a motion may be filed to request reconsideration from the court regarding your particular case.  Often times a plea to Driving with a Suspended License can lead to a further suspension.  Let us help you fix this problem and return your license to a valid status.

Q: The DHSMV sent me notice of a Habitual Traffic Offender suspension.  Is there anything I can do to remove the suspension?

A: Possibly.  Any of the lawyers at Taracks Gomez & Associates will take the time to review your record to determine how we may be able to help you get this designation removed from your driving history.  We may be able to assist you in withdrawing a plea on a qualifying offense which triggered the designation without your knowledge.  In addition, there may be outstanding citations which need to be cleared up in order to help you get your license reinstated.  Don’t give up hope.  Let us review your case and provide assistance to you.

 

Payment Plans Available